The High Court of Kenya has issued a significant order, temporarily restraining the Kenyan government from deploying police personnel to the Republic of Haiti or any other foreign country until October 24, 2023.
This decision follows a petition jointly filed by an opposition political party, Thirdway Alliance, and two Kenyan citizens, challenging the legality of sending police officers abroad to assist in a United Nations-approved mission aimed at combating rampant gang violence in Haiti.
Justice E.C Mwita delivered the restraining orders, emphasizing the need to hear the petition challenging the entire operation.
"That a conservatory order is hereby issued restraining the respondents from deploying police officers to Haiti or any other country until 24th October 2023," Mwita ruled.
In July, Kenya pledged to send 1,000 police officers to Haiti in response to the United Nations' request for international assistance to address the escalating violence in the Caribbean nation.
Read More
However, the petitioners argue that this decision lacks public participation and is unconstitutional, contending that only the Kenyan military can be deployed outside the country.
Thirdway Alliance party leader Ekuru Aukot initiated the petition against President William Ruto and his administration, alleging that Kenya's pursuit to lead a UN-approved force into the Caribbean island nation constitutes a gross violation of the Constitution.
Aukot questioned the rationale of deploying police officers outside the country while back at home the same forces are yet to suppress rampant criminal activities within the country.
The United Nations estimates that approximately 200,000 Haitians have been displaced due to the escalating violence in the country, with armed gangs carrying out heinous acts such as indiscriminate killings, kidnappings, gang rapes, and the destruction of people's homes.
This temporary court order has put a pause on Kenya's participation in the international peacekeeping mission to Haiti, pending further legal proceedings.
It remains to be seen how the legal battle will unfold and what the ultimate decision will be regarding Kenya's involvement in helping Haiti combat rampant gang violence.